Terms and Conditions
General Terms and Conditions of testup.io
Welcome to Testup!
§1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between Thetaris GmbH (hereinafter referred to as “Provider”) and you (hereinafter referred to as “Customer”) in the version valid at the time of conclusion of the contract.
(2) Any deviating terms and conditions of the customer are rejected.
Please read these terms and conditions carefully before using any services of Thetaris GmbH.
(3) At Testup we offer you the following services: Automated testing of software as a cloud service
§2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in the German language.
(2) The customer must be at least 18 years old.
(3) Access to use the Testup Service requires registration.
(4) By registering, the customer acknowledges the present terms and conditions. Registration creates a contractual relationship between Testup and the registered customer, which is governed by the provisions of these GTC.
(5) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is merely requested to make an offer.
(6) By ordering a chargeable service, the registered customer enters into a further contractual relationship with Testup which is separate from the registration. The user will be informed of the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship is established when the customer confirms the order and payment obligation by clicking the “Buy now” button.
(7) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each service whether an electronic invoice is available. For more information about electronic invoices, please visit our website.
§3 Description of the scope of services
The scope of Testup consists of the following services:
The user can register free of charge on the site and evaluate whether the services offered are of interest to the customer.
§4 Prices and shipping costs
(1) In order to use Testup, a registration is required first.
(2) To be able to purchase the services of the website, the user must register and create a user account.
(3) If the user wishes to make use of a service for which a fee is charged, he/she will be informed beforehand of the chargeable nature of the service. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(4) The provider reserves the right to charge different fee models for different booking times and user groups and especially for different periods of use, as well as to offer different scopes of services.
§5 Terms of payment
(1) Any fees due are to be paid to Testup in advance, at the time of maturity, without deduction.
(2) By registering, providing the information necessary for the payment procedure and using the chargeable service, the user authorizes the operator to collect the corresponding amount.
(3) A chargeable service is automatically extended by the respective booked period (subscription), unless it is cancelled by telephone, e-mail or letter.
(4) The subscription is collected at the following time: In each case one month after conclusion of the contract.
(5) Certain payment methods can be excluded by the provider in individual cases.
(6) The customer is not allowed to pay for the service by sending cash or cheques.
(7) Should the customer choose an online payment method, the customer authorises the provider to collect the amounts due at the time of the order.
(8) If the provider offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the provider’s account within five calendar days after receipt of the order.
(9) If the provider offers payment by credit card and the customer chooses this method of payment, the customer expressly authorises the provider to collect the amounts due.
(10) If the provider offers payment by direct debit and the customer chooses this payment method, the customer will issue the provider with a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank account details, the Customer shall bear the costs for this.
(11) If the customer is in default of payment, the provider reserves the right to claim damages for delay.
(12) The settlement can be made by the following means of payment: Paypal or credit card
§6 Registration and termination
(1) Furthermore, the customer declares that he or she and, to his or her knowledge, no member of his or her household has not been convicted of an intentional criminal offence endangering the safety of third parties, in particular of a criminal offence against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties.
(3) A user is, under reservation, entitled to cancel his/her account at any time without giving a reason in writing by mail, e-mail or telephone. At the same time, there is the possibility to deactivate the user account completely and personally within the data and settings of the user account. The previously concluded contractual relationship is thereby terminated.
(4) If a user has registered for a paid service, he can cancel at least 30 days before the booking period. If this deadline is not met, the chargeable service will be extended by this deadline depending on the selected booking period and the cancellation will only take effect at the end of the following booking period. A cancellation is possible by phone, e-mail or letter and will be confirmed by us in writing. In order that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be given. In case of a cancellation by telephone, the individual telephone password is required.
(5) Testup can terminate the contract at its own discretion, with or without prior notice and without giving reasons, at any time. Testup also reserves the right to remove profiles and/or any content published on the website by or through the user. If Testup terminates the user’s registration and/or removes profiles or published content of the user, Testup is under no obligation to inform the user of this or of the reason for the termination or removal.
(6) Following each termination of any individual use of the services of Testup, Testup reserves the right to send information about this to other registered users with whom Testup assumes that they have been in contact with the user. Testup’s decision to terminate the user’s registration and/or to notify other users with whom Testup assumes that the user has been in contact does not imply or in any way indicates that Testup makes statements about the individual character, general reputation, personal characteristics or lifestyle.
(7) Users are obliged not to make any intentional or fraudulent false statements in their profile or other areas of the portal. Such statements may result in civil law action. Furthermore, the operator reserves the right in such a case to dissolve the existing contractual relationship with immediate effect.
(8) If a User’s access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the User shall pay damages in the amount of the agreed remuneration minus the saved expenses for the remaining contractual period. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both parties to the contract are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
(9) After termination of the contractual relationship, all data of the user will be deleted by Testup.
§7 Limitation of liability (services)
(1) Testup assumes no responsibility for the content and correctness of the information in the registration and profile data of the customer and other content generated by the customer.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating customers. Testup is therefore not liable for services of the participating customers. Accordingly, all matters concerning the relationship between the purchasers, including, without exception, the services received by a seeker or payments due to purchasers, are to be addressed directly to the respective party of the purchaser. Testup cannot be held responsible for this and hereby expressly contradicts all possible liability claims of any kind whatsoever, including claims, services, direct or indirect damages of any kind, consciously or unconsciously, suspected or unsuspected, disclosed or not, in any way whatsoever in connection with the aforementioned matters.
(3) Thetaris GmbH shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Thetaris GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of Thetaris GmbH.
(4) For other damages, insofar as they are not based on the violation of cardinal obligations (such obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the contractual partner may regularly rely), Thetaris GmbH Europe shall only be liable if they are based on an intentional or grossly negligent violation of obligations by Thetaris GmbH or on an intentional or grossly negligent violation of obligations by a legal representative or vicarious agent of Thetaris GmbH.
(5) Claims for damages shall be limited to foreseeable damages typical of the contract. In the event of delay, they shall amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb, health or freedom shall become statute-barred after 30 years; otherwise after 1 year, whereby the statute of limitations shall expire at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or would have to become aware of them without gross negligence (§ 199 para. 1 BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and the law and, if necessary, to delete it in whole or in part.
§8 Set-off and right of retention
(1) The customer is only entitled to offsetting if the customer’s counterclaim has been legally established or is not disputed by the provider.
(2) The orderer can exercise a right of retention only if your counterclaim is based on the same contractual relationship.
§9 Cancellation policy
(1) If the purchaser is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of revocation: You have the right to revoke this contract within fourteen days without giving reasons. The revocation period for services is fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must give us:
Phone: +49 89 208039480
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the sample revocation form on our website or send us another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period and that you have returned the goods via our online return centre within the period defined below.
For additional information regarding the scope, content and explanation of the exercise, please contact our customer service.
(3) Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs resulting from your choosing a different method of delivery to the cheapest standard delivery offered by us), without delay and no later than 14 days from the date on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.
(4) Exceptions to the right of withdrawal: You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
The right of revocation does not exist or expires for the following contracts:
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
- for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- in the case of services, if Testup has provided these in full and you have taken note of them before ordering and have expressly agreed that we can begin providing the service and you lose your right of revocation if the contract is fulfilled in full;
- for the delivery of newspapers, journals or magazines, with the exception of subscription contracts; and
- for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but for which delivery can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no control
§10 Place of jurisdiction and applicable law
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
§11 Final provisions
(1) Contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Testup only with the involvement of a parent or guardian.
(3) If you violate these terms and conditions and we do not take any action against this, we are still entitled to exercise our rights on any other occasion in which you violate these terms and conditions of sale.
(4) We reserve the right to make changes to our website, rules, terms and conditions, including these Terms and Conditions, at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.